Former Dupont teacher sues to get his job back

A former Dupont Elementary School teacher who was dismissed during a Reduction in Force in August 2012, has filed a suit against the Madison Consolidated School Board over his termination.

Joe Elliott - who spent 19 years at Dupont, most recently as a third-grade teacher - filed the suit Friday in Jefferson Superior Court seeking damages for lost wages and benefits. He also requests his job with the school corporation be reinstated.

Elliott received a letter from Dupont Principal Alvin Sonner on June 7, 2012, notifying him that his teaching contract would not be renewed for the following school year.

Elliott requested a hearing with Interim Superintendent Steve Gookins and the school board, which was held Aug. 2.

Between those two dates, Indiana law regarding contract cancellation changed. On June 30, the law changed to read that when a contract is canceled during a time of justifiable decreases, the reduction would have to be performance-based rather than seniority-based.

When Elliott received the letter, the law stated seniority would be the determining factor, meaning that people with shorter tenures at the school would be likely to be let go first. By the time Elliott had his hearing with the board, the law had changed.

Elliott's character and previous evaluations were used by the board as reasons for his selection as one of the teachers whose contract would not be renewed.

According to documents from Elliott's meeting with the schools board, previous evaluations said he needed to improve his compassion, nurturing abilities and efforts toward increasing teamwork in the classroom.

"Joe Elliott is sometimes too hard on students and is too rigid," according to the findings of fact from the hearing. "His classroom is sterile and his students do not speak unless spoken to. This creates a negative effect on education due to the children's fear of being ridiculed."

The findings of fact also describe Elliott as moody, sarcastic and disrespectful.

"At various times, Mr. Elliott made comments to at least three teachers which so upset the teachers that they came to the principal and cried," the findings of fact read.

This, according to the complaint filed by Elliott, would mean that the board decided not to renew his contract based on his performance at a time when the law did not allow that.

Attempts Friday to reach Mark Wynn, the school board attorney, were unsuccessful.

I was a student of Mr. Elliott for both 2nd and 3rd grades, and I found him to be a fantastic teacher and an incredibly compassionate person.

Mr. Elliott is more than willing to go above and beyond the call of duty for all of his students, and based on my time in his class and my interactions with him in the years after, it is readily apparent that he cares deeply for his students and for their education. Mr. Elliott strives to challenge his students and make them better individuals for having gone through his class.

The article states that the hearing found that Mr. Elliot's students "do not speak unless spoken to," which in my experience isn't a sign of oppression, or that the students are being ridiculed, but rather a show of respect. Students in my classes knew that a polite raised hand is all they needed to have Mr. Elliott answer their question or hear their concern. Mr. Elliot is simply a teacher that knows how to maintain order in an overcrowded classroom of rambunctious children, and he should be commended for that.

Comments made previously on this article will obviously only tell one biased side of a story. In all my time in Mr. Elliot's class and being around the Dupont school, I never heard any stories, nor did I see firsthand, any situation which could have been construed as shaming or taunting of students. Sometimes when a bad student must be disciplined, narrow minded parents cannot see past their children's behavior, and blindly blame the teacher for anything and everything. I of course do not know these people personally, but there is likely much more to that story.

Joe Elliott was easily one of the best teachers in the history of Dupont Elementary, which is high praise considering the caliber of educator employed at Dupont over the small school's lifespan. To put it simply, he's one of the good ones, and what the Madison Consolidated School system did to him simply isn't right, and the decision should indeed be reversed.This comment has been hidden due to low approval.

My brother had him as a 2nd grade teacher about 15 years ago. There were 5 of us, and three of the older siblings, including myself, had all been students under the other 2nd grade teacher, Flower Shaffstall. After having the ideal experience with her as a kind, loving and very effective educator for us, they were disappointed and eventually outraged by Mr. Elliott's treatment of not only my brother but the entire classroom. His lack of compassion with him and his difficulty in reading(which was quickly remedied when became part of Mrs. Shaffstall's class) was not only humiliating for him but seriously hindered his willingness to speak up for help, due to the prior bullying he had received from someone who should have encouraged him in any way. This man's eagerness to employ taunting in front of the other students as well as his readiness to shame a student for a legitimate difficulty were traits that no parent wants out of anyone that is so closely involved in the education of their child. The principal of Dupont Elementary at the time, Robert McDaniel, was fully aware and equally-disappointed in the performance of Mr. Elliott. Due to the lack of instruction my brother received as well as the fear of participating in class as a result of his treatment, my parents and Mr. McDaniel decided it would be in my brother's best interest to re-enroll him in second grade under Mrs. Shaffstall. Upon reaching the nurturing, encouraging environment she offered, he flourished, and continues to do so now as a university student. Make no mistake, his current success is in no way a result of anything he received as a student under this sadly-misguided man.Sadly, my brother's experience was one that was repeated several times in this man's classroom. As a school that long-held a reputation for excellent teachers and classroom environment, I can say that Mr. Elliott's "legacy" was a blemish on the stellar reputation of Dupont Elementary. I don't feel I am alone in saying that the school board was wise to relieve this man of his position, and in the best interest of the students they serve, that they would be gravely-mistaken in reversing that decision.This comment has been hidden due to low approval.

Mr. Elliott should have been fired many years ago. He is not a good educator, or person. I've had several children who have had him as a teacher. The things he would make them do as punishment is disgusting. I know a lot of people who would beg to be on the jury. He shouldn't teach anywhere.This comment has been hidden due to low approval.

I didnt know that he had been fired, but it was long over due. My son had him at Dupont and he was very rude and some of the story that my son come home and told me he had done to other children was horrible. I no longer have kids in madison school system ,but my grandkids will be and I sure do not want him to teach them.This comment has been hidden due to low approval.

My daughter had Mr. Elliott for 3rd grade and to this day she absolutely loves him. I can't believe some of the things said about him. I love Dupont School and Joe Elliott is a fixture that should not be taken away. In the end it will only hurt the school because they are losing an excellent educator. Sad very sad.This comment has been hidden due to low approval.